Tennessee Burglary by Breaking and Entering
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FAQ
Burglary carries steep penalties in Tennessee. For example, if a person is charged with entering a structure other than a home with the intent to commit a crime, it is considered a Class D felony and is punishable by 2 to 12 years in prison, along with probation, a fine of up to $5,000 and court costs.
Burglary ? Penal Code 459 Although using force or fraud to gain entry into someone else's property with such intent is considered burglary, forced entry is not required in order to be charged with or convicted of burglary.
A person commits burglary who, without the effective consent of the property owner: Enters a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a felony, theft or assault; Remains concealed, with the intent to commit a felony, theft or assault, in a building;
Therefore, the term ?breaking and entering? is really an umbrella term that applies to several other crimes. One of these is burglary, which California Penal Code 459 defines as entering someone's property with the intent of committing a felony or theft once inside.
The following is a list of the minimum required crime elements for Burglary: ? Person knowingly enters or remains unlawfully (and) ? Building (and) ? Intent to commit crime therein. Is 'breaking and entering' into the building necessary? NO Opening an unlocked door or climbing through an open window is sufficient.
Merely reaching an arm into an open window counts as entering because the building's outer boundary was breached. Also note that you can get convicted of burglary even if you do not break into the residence or structure. Simply walking in through an unlocked door or open window would qualify.
Intent ? The suspect entering the structure or building must have the intent to commit a theft or felony at the exact moment of entering. There does not have to be a completed theft or felony, only the intent to commit one.
